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PEOPLE v. DISTRICT COURT

No. 91SA422.

834 P.2d 236 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT, Tenth Judicial District, and one of the judges thereof, The Honorable Gerald A. Marroney, Respondents. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Woodie M. ASHFIELD, Jr., a/k/a Robert Jackson, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 24, 1992.

Attorney(s) appearing for the Case

G.F. Sandstrom, Jr., Dist. Atty., James S. Whitmire, Asst. Dist. Atty., David K. Gardner, Deputy Dist. Atty., Pueblo, for petitioner.

Matthew Martin, Pueblo, for Woodie M. Ashfield, Jr.

Gale A. Norton, Denver, for amicus curiae Office of the Atty. Gen.

Bonnie Wright-Benedetti, Englewood, for amicus curiae Colorado Dist. Attorneys' Council.

Chief Justice ROVIRA delivered the Opinion of the Court with respect to Parts II.A, III, and IV.

This appeal brought by the People arises from a ruling of the Pueblo County District Court which granted the motion of the defendant, Woodie M. Ashfield, Jr., a/k/a Robert Jackson, to strike the death penalty from consideration at his trial.1 The trial court ruled that: 1) the doctrine of revival did not operate to make applicable the pre-1988...

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